GENERAL TERMS AND CONDITIONS OF USE
1. Introduction
These Terms and Conditions govern access to and use of the website fictionsunwear.com (hereinafter, the “Website”), owned by Álex Martínez Fernández (hereinafter, “Fiction Sun” or “we”). Fiction Sun® is a trademark owned by Álex Martínez Fernández, who is responsible for the sale of the products available on the Website and for managing the contractual relationship with the user (hereinafter, the “User”) arising from the purchase of such products.
Without prejudice to the above, depending on the product purchased by the User, they may be subject to additional specific conditions, which will be duly informed at the time of purchase. Such specific conditions will form an integral part of these Terms and Conditions.
By accessing and using the Website, the User accepts and agrees to comply with these Terms and Conditions. Therefore, it is recommended that the User carefully reads them before making any purchase.
2. Use of the Website
Access to the Website by minors is prohibited. However, if a minor accesses the Website, it will be understood that such access has been granted with the prior and express authorization of their parents, guardians, or legal representatives, without prejudice to Fiction Sun’s right to carry out any verifications it deems necessary.
The User agrees to:
- Use the Website and its services in accordance with applicable law, these Terms, and any additional policies that may be published on the Website.
- Not use the Website for fraudulent, illegal, defamatory activities, or any other activities that violate good faith, public order, morality, or the rights of third parties.
- Not alter, modify, or disable the Website’s security systems, nor use robots, scrapers, or any other automated mechanisms without prior written consent from Fiction Sun.
- Not use the Website for commercial purposes or to carry out unsolicited promotions or communications.
3. Account Creation and Registration
The User must register on the Website in order to place an order. Creating an account provides advantages such as easier management of future orders, access to a purchase history, and a more personalized shopping experience. During the account creation process, the User must provide truthful, accurate, and complete information. The User agrees to keep this information updated and to notify Fiction Sun of any changes to ensure that the data remains correct and complete.
By registering, the User is responsible for maintaining the confidentiality of their login credentials (username and password) and for all activities carried out under their account. Fiction Sun will not be liable for any damage resulting from the loss of confidentiality of the User’s credentials. In case of suspected unauthorized use of the account, the User must notify Fiction Sun immediately so that the necessary measures can be taken.
4. Purchase and Order Procedure
The User may place an order for products through the Website by selecting the products of interest, adding them to the shopping cart, and completing the purchase process. The order will constitute an irrevocable offer to purchase the selected products.
Once the order is received, Fiction Sun will send a confirmation email acknowledging receipt. Acceptance of the order by Fiction Sun will not be effective until the product has been shipped, at which time the User will receive a shipping confirmation email.
Fiction Sun reserves the right to reject any order for reasons such as product unavailability, errors in product descriptions or prices, or if the order cannot be properly processed. In case of rejection, Fiction Sun commits to notifying the User and, if applicable, proceeding with a full refund of the amount paid.
5. Prices
The prices of the Products published on the Website are final and include the applicable 21% VAT, in accordance with current tax regulations. Fiction Sun reserves the right to modify product prices at any time without prior notice. These changes may occur due to reasons such as variations in product costs, adjustments to tax regulations, tariff updates, or any other factors requiring it. However, any price changes will not affect orders that have been previously confirmed and paid for, ensuring that the User is not disadvantaged by price changes after the confirmation of their purchase.
In cases where a product is subject to an obvious pricing error (for example, incorrect prices due to typographical, system, or other errors), Fiction Sun reserves the right to cancel or modify such order. In these cases, Fiction Sun will notify the User as soon as possible about the discrepancy and will offer options such as canceling the order or modifying the price to the correct one, according to the User’s decision.
Fiction Sun commits to ensuring price transparency and providing the User with all necessary information before the final purchase confirmation, avoiding surprises or misunderstandings during the payment process.
6. Payment and Security
Payment Methods: The User may pay for the Products using the options available on the Website, such as credit or debit card, PayPal, or other payment methods that may be accepted in the future. Fiction Sun reserves the right to modify or add new payment options without prior notice, always aiming to provide a more convenient shopping experience for the User.
Payment Security: Fiction Sun guarantees that all payments are processed through secure payment systems, employing industry best practices to protect the User's information. All payments made on the Website are processed through certified payment platforms, using SSL (Secure Socket Layer) data encryption and other advanced security mechanisms, in accordance with current data protection regulations, including the General Data Protection Regulation (GDPR).
Fiction Sun will not store the User's credit/debit card information or any other sensitive payment-related data, as these are managed and processed directly by external payment providers. The User is responsible for ensuring that the information provided during the payment process is accurate and up to date.
Protection of Personal Information: The User's personal information, including payment-related data, will be treated with strict confidentiality and used solely to process the order and fulfill Fiction Sun's contractual obligations. The User may access, rectify, or delete their personal data as established in our Privacy Policy.
7. Shipping
Shipping costs: Shipping costs will be added to the total order amount and clearly detailed before the final purchase confirmation. If the User has the option to choose the delivery method, the shipping costs will be adjusted based on the selected option. If the delivery method is chosen by Fiction Sun the shipping cost will be determined based on the best available option for the destination and order characteristics. In both cases, the User will be provided with a complete breakdown of shipping costs during the payment process, allowing them to know the total amount before completing the purchase. For more information, visit our Frequently Asked Questions (FAQs) section.
Delivery times: The delivery times indicated on the Website are approximate and subject to product availability, carrier conditions, and other external factors that may affect shipping logistics, such as weather conditions, customs, or exceptional situations. Fiction Sun commits to making its best efforts to meet the established delivery times but will not be responsible for delays or incidents beyond its control, including, but not limited to, strikes, natural disasters, carrier operational issues, or unforeseen events affecting the supply chain.
Delivery address: The User is responsible for providing a correct, complete, and updated delivery address. Fiction Sun will not be liable for non-delivery of products due to errors or deficiencies in the provided address, such as incomplete addresses, incorrect data, or lack of access to the delivery location. If the order is returned due to address errors, the User will bear any additional reshipping costs.
Risk of loss or damage: All our shipments are insured. In case of loss or theft during transportation, the User may choose between receiving a refund of the paid amount or the reshipment of a new product.
Fiction Sun guarantees that all products will be securely packaged and in accordance with best practices to avoid damage during transport, but cannot be held responsible for damage occurring after the products have been handed over to the carrier.
8. Right of withdrawal
In accordance with current legislation, the User has the right to withdraw from the purchase contract within 14 calendar days from the receipt of the product. To exercise this right, they must notify their decision to withdraw from the contract to Fiction Sun via our contact section and proceed to return the item in the same condition in which it was received.
The product must be returned in its original condition, without damage or signs of improper use, including the glasses, box, case, cloth, instruction manual, and any additional accessories.
The User will be responsible for the shipping costs arising from the return of the product, except in cases where the product is defective or does not match the description provided at the time of purchase.
9. Warranties and Returns
Legal warranty: Fiction Sun guarantees that the products comply with the quality conditions, conformity with the contract, and specifications provided by the manufacturer. In case a product presents manufacturing defects, the user has the right to request, free of charge, the replacement or, if applicable, the corresponding refund.
The warranty exclusively covers manufacturing defects and does not apply to damages caused by improper use, normal wear and tear, accidents, negligence, or incorrect handling of the product by the user.
Return procedure: The user may manage the return of defective products within the legal period of 3 years from the delivery date, provided that the existence of a manufacturing defect is verified. To do this, the user must contact Fiction Sun and provide sufficient evidence of the defect, such as photographs or a detailed description of the problem.
The product must be returned in its original condition, including all delivered elements: box, case, towel, instruction manual, and accessories, unless the manufacturing defect prevents it. Fiction Sun will assume the shipping costs associated with the return in case of defective products.
If the consumer has made the payment with a credit or debit card, Fiction Sun will refund the amount within a maximum period of fourteen (14) calendar days from the date the return was accepted. For payments made through PayPal, the refund will be made within twenty-four (24) to forty-eight (48) business hours from the confirmation of cancellation.
Fiction Sun will inspect the returned item to confirm the nature of the defect. If no manufacturing defect is found, the shipping costs will be borne by the user.
For more information, visit our Frequently Asked Questions (FAQs) section.
10. Intellectual Property
All intellectual property rights related to the Website, including texts, images, graphics, logos, trademarks, software, and databases, are the property of Fiction Sun or its licensors. The User agrees not to reproduce, modify, distribute, or otherwise exploit the content of the Website without the prior written consent of Fiction Sun.
11. Responsibility
Fiction Sun shall not be liable under any circumstances for direct, indirect, incidental, special, punitive, or consequential damages resulting from the use or misuse of the website, the purchase or use of the offered products, or the inability to access the website due to causes beyond its reasonable control.
These factors include, but are not limited to, service interruptions due to technical issues, internet network failures, cyber attacks, errors from third-party service providers, force majeure events, and any other unforeseeable and unavoidable situations.
Likewise, Fiction Sun shall not be responsible for damages arising from the improper use of the products by the user, failure to follow usage or care instructions, or non-compliance resulting from circumstances not attributable to the company.
Fiction Sun’s liability, in any case, shall be limited to the amount actually paid by the user for the purchase of the corresponding products.
12. Personal Data Protection
Fiction Sun is committed to ensuring the confidentiality, integrity, and security of the user's personal data, strictly complying with current data protection regulations, including the Regulation (EU) 2016/679 (GDPR) and Organic Law 3/2018 on the Protection of Personal Data and Guarantee of Digital Rights (LOPDGDD).
The user's personal data will be processed exclusively for the purposes indicated in our Privacy Policy, which details the collection, use, storage, and protection of the information provided by the user. Such data will not be shared with third parties, except in cases provided by law or when necessary for the proper execution of contracted services.
By using the website, the user gives explicit consent for the collection and processing of their personal data under the terms established in our Privacy Policy. The user has the right to access, rectify, or delete their data at any time by sending a request through our contact page.
13. Cookies Use
We use cookies to enhance the User experience, personalize content, and analyze the use of the Website. The User can configure their browser to block cookies, but this may affect the Website's functionality. Please refer to our cookie policy for more information.
14. Applicable Law and Jurisdiction
These Terms shall be governed by Spanish law. In the event of a dispute, the parties submit to the courts of the city of Palma de Mallorca, waiving any other jurisdiction that may correspond to them.